S.C.E.
Amendment Paper as at
Thursday 25th February 1999
STANDING COMMITTEE E
EMPLOYMENT RELATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [16th February] as follows:
Clauses 8 to 10, Schedule 3, Clauses 11 to 15, Clauses 17 to 26, Schedule 4, Clause 1, Schedule 1, Clause 2, Schedule 2, Clauses 3 to 7, Clause 16, Clauses 27 to 35, Schedule 5, Clauses 36 to 38, new Clauses, new Schedules.
Schedule No. 3 (Leave for Family and Domestic Reasons).
60
Amendment (No. 60) proposed in page 51, line 5, to leave out the word 'may' and insert the word 'shall'.—(Mr David Chidgey.)
Question proposed, That the Amendment be made.
Mr David Chidgey
Mr Brian Cotter
61
Schedule 3, page 51, line 14, leave out 'may' and insert 'shall'.
Mr David Chidgey
Mr Brian Cotter
62
Schedule 3, page 51, line 21, leave out 'may' and insert 'shall'.
Mr David Chidgey
Mr Brian Cotter
63
Schedule 3, page 51, line 22, leave out first 'may' and insert 'shall'.
Mr David Chidgey
Mr Brian Cotter
65
Schedule 3, page 51, line 23, at end insert ',such consent not being unreasonably withheld.'.
Mr David Chidgey
Mr Brian Cotter
64
Schedule 3, page 51, line 24, leave out 'may' and insert 'shall'.
Mr Tim Boswell
Mr Tim Collins
Mr David Chidgey
Mr Brian Cotter
Mr John Bercow
41
Schedule 3, page 51, leave out lines 25 to 27.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
42
Schedule 3, page 51, line 30, after first 'leave', insert '(excluding additional maternity leave)'.
Mr David Chidgey
Mr Brian Cotter
49
Schedule 3, page 51, line 31, leave out from '76' to end of line 49 and insert 'shall—
(a) make provision about notices to be given and evidence to be produced by employees to employers, by employers to employees, and by employers to other employers;
(b) make provision for different cases or circumstances, which may include special provision (which shall not amount to an exemption) for circumstances where work is of a seasonal nature, where a replacement cannot be found within the notice period, where a significant proportion of the work force applies for parental leave at the same time, or where a specific function is of huge importance.'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
43
Schedule 3, page 51, line 35, at end insert ', provided that wherever practicable employers may make use of their existing record systems'.
Mr David Chidgey
Mr Brian Cotter
50
Schedule 3, page 51, line 49, at end insert—
'(1A) Regulations under section 76 may, in particular—
(a) make provision requiring employers or employees to keep records;
(b) make provision about other procedures to be followed by employees and employers;
(c) make provision (including provision creating criminal offences) specifying the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
(d) make provision specifying the consequences of failure to act in accordance with a notice given by virtue of subsection (1);
(e) make special provision for cases where an employee has a right which corresponds to a right conferred by the regulations and which arises under his contract of employment or otherwise;
(f) make provision applying, modifying or excluding an enactment, in such circumstances as shall be specified and subject to any conditions specified, in relation to a person entitled to parental leave;'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
44
Schedule 3, page 52, line 2, leave out 'or expedient'.
Mr David Chidgey
Mr Brian Cotter
67
Schedule 3, page 52, line 9, after 'unreasonably,' insert 'withheld or'.
Mr David Chidgey
Mr Brian Cotter
48
Schedule 3, page 53, line 6, leave out from first 'to' to end of line 35 and insert 'leave from his or her employment for urgent family reasons, owing to the injury or illness of any of the persons listed in subsection 3 below, or other grave incidents, provided that entitlement to time off for such domestic incidents is limited to such circumstances where the immediate presence of the employee, at the place where the ill or injured person is situated, or the grave incident occurred, is indispensable.
(2) During an absence in order to deal with a domestic incident an employee is to be regarded as being in the employment of the employer, and retains all of his or her employment rights.
(3) The persons referred to in subsection (1) above are—
(a) a child or an adopted child of the employee;
(b) the spouse of the employee or a person with whom the employee is living as husband or wife;
(c) a person in relation to whom the employee is in loco parentis;
(d) a brother or sister of the employee;
(e) a parent or an adoptive parent of the employee;
(f) any other person for whom the employee acts as primary carer.
(4) As soon as reasonably practicable after his or her return to work after an absence to deal with the domestic incident, an employee must confirm to his or her employer that he or she has taken the leave.
(5) An employee may not be absent to deal with domestic a incident for more than three days in any twelve consecutive months, or five days in any thirty-six consecutive months.
(6) For the purpose of subsection (5) absence for part of a day is to be counted as one day's leave entitlement.'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
45
Schedule 3, page 53, line 11, after 'who', insert 'normally'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
46
Schedule 3, page 53, line 12, at end insert—
'(c) is of sufficient gravity to require the absence from work of the employee'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
47
Schedule 3, page 53, line 35, at end insert ', provided that in all circumstances where the right is claimed, the employee shall use his best endeavours to inform the employer as soon as practicable of the circumstances of the emergency and the likely duration of his absence from work.'.
Mr Ian McCartney
76
Schedule 3, page 58, line 17, leave out 'omit "72(3), 73(5), 79(3),"' and
insert '—
(a) after "and no order" insert "or regulations",
(b) for "72(3), 73(5), 79(3)," substitute "57A, 57C, 71, 72, 73, 76, 81," and
(c) for "or order" substitute ", order or regulations".'.
Mr Graham Brady
Mr John Bercow
78
Clause 11, page 5, line 36, leave out 'or invited'.
Mr Ian Bruce
77
Clause 11, page 5, line 36, after 'a', insert 'formal'.
Mr Tim Boswell
Mr Tim Collins
79
Clause 11, page 5, line 36, leave out 'or grievance'.
Mr Ian Bruce
80
Clause 11, page 5, line 38, after 'requests', insert 'in writing'.
Mr Graham Brady
Mr John Bercow
81
Clause 11, page 5, line 38, at end insert—
'(1A) This section shall not apply to an employer who shows that to comply with it would conflict with his religious beliefs'.
Mr Ian Bruce
82
Clause 11, page 6, line 3, leave out 'and is within subsection (3)'.
Mr Tim Boswell
Mr Tim Collins
83
Clause 11, page 6, line 3, at end insert—
'(aa) whose name has been notified in writing by the worker to the employer.'.
Mr Tim Boswell
Mr Tim Collins
84
Clause 11, page 6, line 7, at beginning insert 'Subject to subsection (3A) below,'.
Mr Ian Bruce
85
Clause 11, page 6, leave out lines 7 to 11.
Mr Graham Brady
Mr John Bercow
86
Clause 11, page 6, line 8, leave out from 'union' to end of line 9 and insert 'which is recognised by the employer'.
Mr Tim Boswell
Mr Tim Collins
87
Clause 11, page 6, line 11, at end insert—
'(c) engaged in a similar type of employment or is employed at the same place of work.'.
Mr Tim Boswell
Mr Tim Collins
88
Clause 11, page 6, line 11, at end insert—
'(3A) Paragraph (3)(a) above shall not apply in the case of a worker whose employer does not employ at least 21 persons on the date on which the worker's request to be accompanied at the hearing is made.'.
